How Appealing

Wednesday, July 18, 2007

"Michigan Supreme Court, on Party Line Vote, Upholds Michigan Voter ID Law Against Constitutional Challenge": Law Professor Rick Hasen has this post at his "Election Law" blog. Rick has posted the ruling online at this link.

In news coverage, The Detroit Free Press provides an update headlined "Voters must have photo ID, Michigan Supreme Court rules."

The Detroit News provides an update headlined "Michigan Supreme Court upholds photo ID requirement for voters."

And The Associated Press reports that "Mich. Court Upholds Voter Photo ID Law."
Posted at 07:45 PM by Howard Bashman



"Without a plot, is Padilla guilty? Prosecutors say they don't have to link the US citizen to a specific terror plan." Warren Richey will have this article Thursday in The Christian Science Monitor.
Posted at 07:18 PM by Howard Bashman


"We hold that a license plate check does not constitute a Fourth Amendment search." So concludes an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 06:14 PM by Howard Bashman


"Giuliani: Abortion Not a Test for Judges." The AP provides a report that begins, "Republican presidential candidate Rudy Giuliani, a proponent of abortion rights, said Wednesday he would not use a judicial nominee's stand on the issue or the landmark Supreme Court decision as a litmus test."
Posted at 04:45 PM by Howard Bashman


"First lady Midge Rendell uninjured in Philly car accident": The Associated Press provides a report that begins, "A sport utility vehicle transporting Gov. Ed Rendell's wife was struck broadside by a car that ran a red light, but no one was seriously injured, state police said. Midge Rendell, a judge on the 3rd U.S. Circuit Court of Appeals, was riding in the SUV around 7:30 p.m. Tuesday when it was hit by the luxury car, according to state police."
Posted at 04:42 PM by Howard Bashman


Trenton Thunder 5, Binghamton Mets 1: When I decided to spend the early part of this afternoon watching the Trenton Thunder, the AA minor league affiliate of the New York Yankees, host the Binghamton Mets, the AA minor league affiliate of the New York Mets, little did I know that I'd also be spending that time with Alberto Gonzalez. He was 3-4 at the plate, with a run scored and an RBI.

Yankees pitcher Phil Hughes, on a rehab assignment with the Thunder, pitched four strong innings to lead off the game. Unfortunately, actual thunder, lightning, and the heavy rain that accompanied them caused the game to be delayed after seven and one-half innings. After the rain had cleared and sunny skies returned, the home plate umpire walked out to survey the field and declared it unplayable, resulting in a rain-shortened victory for the Thunder. You can access the box score at this link, while wraps are available here and here.
Posted at 04:25 PM by Howard Bashman



Programming note: Because my appellate court filings for this week -- a Brief for Appellant, and an answer in opposition to an application for reargument in an appeal that one of my clients recently won -- are completed and out the door, my schedule allows for some out of the office fun this afternoon. Whether the weather will cooperate remains to be seen. In any event, additional posts will appear later this afternoon.
Posted at 10:54 AM by Howard Bashman


"Insider sees business tilt on top court": The Philadelphia Inquirer today contains an article that begins, "U.S. Solicitor General Paul D. Clement said in Philadelphia yesterday that the Supreme Court under Chief Justice John G. Roberts Jr. had taken a pronounced pro-business approach, and suggested that it could carry over into the next term."
Posted at 10:12 AM by Howard Bashman


Instead of continuing to await the confirmation of a successor, Fourth Circuit Judge H. Emory Widener, Jr. takes senior status, effective immediately: That court's own listing of judges confirms Judge Widener's change in status. (Via "South Carolina Appellate Law Blog").
Posted at 10:09 AM by Howard Bashman


"Court upholds pat-down searches at 49er games": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state appeals court swatted down a challenge by two San Francisco 49ers fans to pat-down searches at the team's stadium Tuesday, saying they tacitly agreed to be checked when they bought their season tickets."

You can access yesterday's ruling by a divided three-judge panel of the California Court of Appeal for the First Appellate District at this link.

Last week's installment of my "On Appeal" column for law.com criticized a similar recent ruling from the U.S. Court of Appeals for the Eleventh Circuit.

If ticket-holders to a sporting event are deemed to consent to an allegedly unconstitutional search by showing up to attend the game, would passengers who have no realistic choice but to use a municipality's public transportation system to travel to and from work be prohibited from challenging officially-enforced segregated public transit accommodations based on the supposed "consent" of those who ride public transit?
Posted at 09:20 AM by Howard Bashman



"School district will appeal Tigger ruling; Superior court judge says dress code defies First Amendment": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:12 AM by Howard Bashman


"Democrats pledge support for wide access to abortion": The Chicago Tribune contains this article today.

And The New York Times reports today that "Democrats Attack Bush on Women's Health Issues."
Posted at 09:10 AM by Howard Bashman



"Justice at Guantanamo: Congress has another chance to repair the rules for handling detainees in the war on terrorism." This editorial appears today in The Washington Post.
Posted at 08:50 AM by Howard Bashman


"Case against UNC coach may reach Supreme Court": The News & Observer of Raleigh, North Carolina today contains an article that begins, "A nine-year-old sexual harassment lawsuit against UNC women's soccer coach Anson Dorrance could be headed to the highest court in the land. Lawyers in the state Attorney General's Office filed a petition last week with the U.S. Supreme Court to hear the case originally brought by former UNC-Chapel Hill soccer player Melissa Jennings. Jennings claims that Dorrance sexually harassed her and the university failed to take appropriate action."

Originally, in April 2006, a divided three-judge Fourth Circuit panel affirmed the dismissal of this lawsuit. My earlier coverage of that ruling appears at this link. After granting rehearing en banc, the full Fourth Circuit, almost one year to the day later, reinstated by a vote of 8-2 the plaintiff's Title IX claim and also overturned the grant of summary judgment on the plaintiff's civil rights claim against two defendants. My earlier coverage of the en banc ruling appears here.
Posted at 08:25 AM by Howard Bashman



"Bush taps Conrad for appeals post; He could become 2nd N.C. judge on court": This article appears today in The Charlotte Observer.

And The Newark Star-Ledger reports today that "Bush sidesteps N.J. senators, nominates federal judge."

Meanwhile, allow me to congratulate fellow Emory Law grad Catharina Haynes on her nomination yesterday to the Fifth Circuit.
Posted at 08:11 AM by Howard Bashman



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